Nicholas Theobald – Torpoint

September 2020

Paedophile avoids jail because of how long it took to get case to court

A paedophile who viewed and shared sick images with fellow perverts online has escaped prison partly because of how long the case took to get to court.

Nicholas Theobald, 33, had thousands of indecent images and videos including material showing young children being raped by adults.

Theobald, formerly of Torpoint but who has since moved to Essex, made the trip to Truro Crown Court to be sentenced after pleading guilty to three counts of making indecent images of children and distributing indecent images of children.

Prosecuting the case, Heather Hope described how police executed a search warrant at the Torpoint address in September 2018 and seized a number of devices.

As they conducted the search Theobald pointed them in the direction of a laptop and told them that he needed help.

On inspection the laptop was found to contain 62 Category A images including three movies, 101 Category B images with nine movies and 1,404 Category C images of which nine were movies.

Theobald was found to have been engaged in a conversation with another paedophile on Twitter in which they discuss their favourite image out of a number of sick pictures shared between the two. Theobald made full admissions during his police interview.

At this point Judge Robert Linford interrupted and expressed his unhappiness that the case had taken so long to get to court, saying that the Court of Appeal says judges must take into account delays when sentencing defendants.

Miss Hope offered the explanation that the delay stemmed from a long line of device investigations that need to be carried out by the police.

Sentencing, Judge Robert Linford said: “It is vitally important people such as you recognise these images don’t simply exist in the ether.

“This is someone’s daughter, granddaughter, niece potentially, sister, being abused for the entertainment of people like you.

“One of the images you had showed a three or four-year-old girl being raped by an adult… It beggars belief you can get sexual gratification from looking at images such as these. It is appalling.”

Judge Linford went on to say that three things allowed him to spare Theobald jail. Firstly the fact the offences happened two years ago, secondly that he had no previous convictions and that the Court of Appeal states that, where there is a sufficient prospect of rehabilitation, a community order can be passed as a way of alternative.

Judge Linford also remarked that he couldn’t be sure that it was Class A material Theobald distributed.

Theobald was given a three-year community order, consisting of the sex offenders’ group programme. He was also made subject of a sexual harm prevention order and told he’ll be locked up for two years at least should he offend again.

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